| Matter of Shaprea L.R. (Mario L.) |
| 2012 NY Slip Op 05424 [97 AD3d 587] |
| July 5, 2012 |
| Appellate Division, Second Department |
| In the Matter of Shaprea L.R. Westchester County Department ofSocial Services, Respondent; Mario L., Also Known as Mario A.L.G.,Appellant. |
—[*1] Robert F. Meehan, County Attorney, White Plains, N.Y. (James Castro-Blanco and ThomasG. Gardiner of counsel), for respondent. Neal D. Futerfas, White Plains, N.Y., attorney for the child.
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rightson the ground of permanent neglect, the father appeals from an order of fact-finding anddisposition of the Family Court, Westchester County (Schauer, J.), entered May 26, 2011, which,after fact-finding and dispositional hearings, found that he permanently neglected the subjectchild, terminated his parental rights, and transferred the guardianship and custody of the child tothe Westchester County Department of Social Services for the purpose of adoption.
Ordered that the order of fact-finding and disposition is affirmed, without costs ordisbursements.
The Family Court properly determined that the father permanently neglected the subject childby failing to plan for her future (see Social Services Law § 384-b [7] [c];Matter of Star Leslie W., 63 NY2d 136, 142-143 [1984]; Matter of Kendra D. [Amanda D.], 81AD3d 644, 644-645 [2011]; Matterof Chyanne H., 62 AD3d 876, 877-878 [2009]). Contrary to the father's contention, thepresentment agency established by clear and convincing evidence that it made diligent efforts toencourage and strengthen the parental relationship (see Social Services Law §384-b [7] [f]; Matter of Hadiyyah J.M.[Fatima D.R.], 91 AD3d 874, 874-875 [2012]; Matter of Anthony R. [Juliann A.], 90 AD3d 1055, 1056 [2011]).Under the circumstances of this case, including that the child was thriving in the home of herfoster parents, with whom she had lived since December 2008, the court properly declined toissue a suspended judgment. Moreover, the court properly denied the father's request forpost-termination visitation between the child and him (see Matter of Hailey ZZ. [RickyZZ.], 19 NY3d 422 [2012]). Balkin, J.P., Hall, Lott and Cohen, JJ., concur.